Responsibilities of Structural Engineers as Expert Witness

Expert civil engineers in the construction field have great deal of responsibilities in their job. They directly accountable for the management and planning when it comes to construction dams, reservoirs, buildings, railroads, bridges, and highways. Not only do they assist in designing but they also participate in estimating costs, planning, scheduling, obtaining materials, choosing equipment used, and controlling costs.

However, there is a huge difference between an expert consultant and an expert witness. A consultant may be any person whom a client relies on to be especially well-informed and reliable for assisting with the technical sections of a problem. The recognition and work of the expert consultant may or may not be revealed to the other parties in the legal action unless and until it is finally decided that he or she will be an expert witness. This particular decision is made by the legal team based on the opinion hold by the consultants, the legitimacy of that opinion, the strength of his or her expected testimony, and, as the bottom line, the value of the testimony to the accomplishment of the case.

The work of an expert witness engineers is not much different from examining and reporting on any building project. The legal procedures for the examination are similar to that of any other professional work, requiring precision, knowledge and good reasoning capability. Once the engineer is faced up to the rules of the legal profession, he or she must be aware of the additional rules of forensic activities. This does not modify the general procedures for engineering work, but even makes it imperative to know the conduct and performance of an experienced witness.

It is a must that an expert witness engineers must possess work experience, advanced technical degrees, and certifications in many disciplines and sub disciplines as well including Materials Science and Engineering, Chemical Engineering, Mechanical Engineering, Metallurgical Engineering, Welding, and Corrosion. Among other qualifications, expert witnesses must also specialize in:

Identify defects or evidence of maltreatment

Finding out physical, chemical or mechanical of materials

Helping in subrogation claims

Developing protocols for precision evidence analysis

Determining requirement compliance

Giving detailed and impressive deposition and trial testimony

High-end instrumentation and qualified proficiency

Overall, it is believed that the truthful expert witness is the most valuable and necessary professional in the resolution of claims.

PJ Wright & Associates | Hydraulic consultants Specializing in Expert witness engineers, Hydraulic Design Australia, Hydraulics Consultants Perth, Hydraulic Engineers, Western Australia.

Expert Witness Corner: Inflicted Childhood Neurotrauma (Shaken Baby Syndrome)

Introduction:

Previous evidence has suggested that the shaking of a relatively heavy head about the neck causes such inertial forces within the brain tissue that shearing takes place with rupture of meningeal vessels and diffuse axonal injury, resulting in subdural haemorrhage and neurological damage. The retinal haemorrhages are generally thought to be due to the same shearing mechanisms at work within the vitreoretinal interface. There is a correlation between intra-ocular bleeding, anterior optic nerve haemorrhage and subdural haematomas. When looking at the relative positions of subhyloid haemorrhages at post mortem, it was found that the frequency of position of these haemorrhages coincided with the areas of maximal vitreoretinal adhesion, that is the ora serrata and the optic disc.

Post mortem findings of vitreous traction at the apex of retinal folds and the edge of dome shaped haemorrhages and retinoschisis gives some supporting evidence that vitreous forces may cause this shearing damage. There is no adequate model to test this experimentally, so this remains hypothesis, not established fact. In the situation of isolated intraocular haemorrhage with or without accompanying subdural haemorrhage there continues to be disagreement regarding the possibility of an accidental injury such as a short fall in the domestic setting being responsible for the clinical findings in the absence of other evidence to support non-accidental injury.

The Royal College of Ophthalmologists Working Party concluded in terms of the force required to cause retinal haemorrhages : “..no absolute values can be given for the angular acceleration forces required to produce injury but there is good evidence that they must be considerable..”

In 2003 ‘Brain haemorrhage in babies may not indicate violent abuse’ appeared as a headline in the BMJ following a not proven verdict in the case of a child minder accused of murder at the High Court in Edinburgh. During this case research was presented which purportedly cast doubt that the injuries could only have been due to violent shaking.

Research:

Geddes and colleagues, in a series of papers presented their findings that the most common pathological finding was of brain swelling and hypoxic ischaemic encephalopathy with a significant number of cases having focal axonal damage in the lower brainstem rather than diffuse axonal injury as previously thought. They hypothesized that damage to the brainstem, by hyperextension–flexion (shaking) injury at the craniocervical junction may cause focal damage, resulting in apnoea, and a cascade leading to hypoxic ischaemic encephalopathy, brain swelling, raised intracranial pressure and death. (This has been referred to as the ‘unified hypothesis’.) They further suggested that hypoxia-related leakage of blood from veins both inside the dura and in the subdural space was the source of the subdural haemorrhage rather than traumatic rupture of bridging veins and that in the immature brain hypoxia alone is sufficient to activate the pathophysiological cascade which culminates in altered vascular permeability and extravasation of blood, so that the subdural and retinal haemorrhages were a secondary phenomenon and not due to shearing forces. This led to the conclusion that “..it may not be necessary to shake an infant very violently to produce stretch injury to the neuroaxis…”

These comments related to those difficult cases in which there was little or no external evidence of injury but there were retinal and thin film subdural haemorrhages.

Other researchers have similarly reported the finding of hypoxic ischaemic damage rather than diffuse axonal injury but have not drawn the same conclusions regarding the forces involved.

However in terms of ocular examination there is no description of the retinal haemorrhages, they were either present or absent and they do not mention whether the optic nerves were examined. In the first paper they comment that “…a discussion of the aetiology of retinal haemorrhages…is beyond the scope of this paper. Later in their third paper they discuss the possible cause of retinal haemorrhages;

“ ..retinal haemorrhages can be explained by rises in intracranial pressure and central venous pressure, with and without hypoxia; they are also seen in a proportion of normal infants at birth, as well as in premature babies . In the setting of inflicted infant head injury, it has never been proved that retinal bleeding is directly caused by shaking; rather, it is widely assumed that it results from the shearing forces of the injury, which simultaneously cause retinal and subdural bleeding and diffuse brain damage. However…most infant victims…show very little ..traumatic pathology in the brain, it is appropriate to re-evaluate this assumption….”

Geddes’ pathological findings add little new evidence to the knowledge of retinal haemorrhages in shaken baby syndrome. In evaluating the latter Professor Luthert, an ophthalmic pathologist reviewing the various theories of causation (shearing forces vs other rheological mechanisms), timing and nature of injury concluded:

“….I consider it premature to consider that the eyes are in some way an independent arbiter of mechanism or severity of injury…”

The Geddes publications drew much attention particularly from those involved in child protection because of there conclusions. Punt published a lengthy rebuttal the main thrust of the which suggested intrinsic flaws within the research and a lack of evidence to support the unified hypothesis.

Geddes recently replied to Punt seeking to clarify their hypothesis explaining that whilst some had severe corticospinal pathology a few had strikingly little axonal damage:

“…In other words, in terms of numbers of axons injured, such an injury was trivial and totally survivable. What was not trivial was the child’s response to that injury…we do not know the minimum force needed to stretch the neuroaxis…..” .

Yet again they extrapolate this time from the fact that only a few nerve fibres may need to be damaged means only minimal force may be required to cause this small amount of damage but that the response was catastrophic, and that the damage to a small number of axons would be in itself survivable. This sounds plausible and intuitive, but just because only a few nerve fibres are damaged (and in some cases no obvious axonal damage in this area was found) does not prove that it does not require much force to cause this damage. It would seem that it is not that in terms of the number of axons damaged that determines that it is a trivial injury and survivable but it is the location of that damage.

The main scientific finding of Geddes in the first two papers was that in cases of retinal haemorrhages with thin film subdurals and in the absence of other injuries that the pathological finding is more commonly that of hypoxic ischaemic encephalopathy rather than diffuse axonal injury. This seems to have been lost in the subsequent arguments over the forces required to produce these findings.

Conclusion:

The cause of retinal haemorrhages, including the biomechanics of vitreo-retinal traction, raised intracranial pressure, changes in vascular permeability all remain unproven hypothesis as does the suggested mechanism of haemorrhage from Geddes. We are trying to make informed decisions on the basis of necessarily incomplete observational data, using inadequate mathematical, anthropomorphic and animal models which do not reflect the true nature of the normal infant nor the forces involved in shaking. The minimum forces required to cause such haemorrhage are not known and given that previous assumptions have been based on calculations relating to the generation of diffuse axonal injury, the use of the finding of retinal haemorrhages in isolation as a surrogate measure for the forces involved becomes dubious.

Regardless of the recent debate the observational evidence to date remains that children with non accidental injury may have no visible retinal haemorrhages, whilst non accidental injury and birth are the only circumstances in which multiple retinal haemorrhages in differing layers of the retina have been accurately documented.

This small albeit difficult group should not divert us from a willingness to evaluate the literature critically, participate in reasoned debate and in further research and certainly not detract from the main message… DON’T SHAKE THE BABY!

As a postscript, I would urge any lawyer who has a client who is facing accusations of child abuse, particularly those involving SBS, to instruct an experienced expert witness who can deliver an unbiased, objective report and, where appropriate, oral testimony. As can be seen from this article, the issues involved are extremely complex and are not without opposing views.

William Newman is an experienced Expert Witness and Consultant Ophthalmologist based at Alder Hey Children’s Hospital, Liverpool, UK. You can find an expert witness and view his profile at X-Pro UK, the innovative expert witness directory.

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Expert Witness Corner: SIM Card Data Retrieval – The Essentials

The Importance Of SIM Cards:

There are more mobile telephones in the UK then there are people – this pervasive technology impacts on almost all areas of industry and life. Unsurprisingly, mobile communications have enabled old crime to be effected in new ways and mobile telephones are increasingly forming a part of criminal prosecutions, where linkages between individuals or evidence of being at the scene of the crime is provided by an analysis of the digital evidence available within the mobile phones.

At the heart of every mobile telephone is the Subscriber Identity Module (SIM), a small fingernail sized chip, responsible for service with a telecom network provider.

Digital Evidence From SIM Cards:

Despite limited memory capacity, the SIM contains a wealth of information that, when considered in context, can greatly aid lawyers in their case preparations:

• Stored telephone numbers/contacts.

• Listings of ‘Last Dialled Numbers’.

• Text messages received, sent, drafted or deleted.

• General location information from last use.

• References to overseas network providers that have been used.

Common Questions:

Q: Could the SIM card have been cloned?

A: SIM cards produced after June 2002 employ the COMPv2 algorithm which provides a number of technical and security safeguards to prevent unauthorised modification. Despite media reports, the cloning of modern SIM cards is an extremely rare practice.

Q: Can my PIN code be cracked?

A: SIM card information can be locked using a four digit ‘Personal Identification Number’. RIPA contains provisions to force disclosure of passwords, however, it is usually easier to request a ‘Phone Unlock Key’ (PUK), enabling PIN settings to over- ridden, from the Data Protection Officer (DPO) at the relevant network provider.

Q: PAYG SIMs are untraceable!

A: With ‘Pay As You Go’ (PAYG) there is no formal contract with a network provider (e.g. Orange) to enable a customer look-up, however, ‘Call Data Records’ (CDRs) are still available from the network provider, providing information as to patterns of communication, calls to/from, time/dates etc. By mapping this information to known acquaintances of the defendant, considering the evidence in the context of other material (such as messages recovered from the telephone handset) and undertaking Cell Site Analyses (CSAs)3 it is possible to prove/disprove ownership of a handset.

Q: Does the SIM reveal who I’ve been in touch with?

A: Even without the disclosure of Call Data Records (CDRs) from the network provider, the SIM provides a plethora of useful information relating to contacts in the form of ‘Last Numbers Dialled’ (LND) and sections of the ‘Contacts Directory’. Numbers that haven’t been saved may still show up in the LND.

Q: Can a telephone handset be uniquely identified?

A: Mobile phone handsets are assigned unique 15-digit numbers, known as the International Mobile Equipment Identifier (IMEI), which is passed to the network provider before communication services can be utilised. This serial number allows specific handsets that have been stolen or blacklisted to be blocked from a network irrespective of what SIM card is inserted. Defences suggesting that a given handset has been ‘found’ and is not owned by the suspect are unlikely to hold water if Call Data Records (CDRs) show a pattern of usage that indicate the owners identity.

Q: What about sending anonymous texts?

A: They are not really that anonymous… If they are being sent via an internet service, there is typically a log retained by the site provider as to the computer IP address that sent the specific message – this can ultimately be tied by to an Internet Service Provider (ISP), and in turn a specific subscriber. If anonymous texts have been sent from a mobile telephone – typically a PAYG handset/SIM – the uniquely assigned International Mobile Subscriber Identifier (IMSI) code embedded in the SIM can be used in concert with CDRs to provide compelling evidence as to the sender identity.

Q: Can deleted text messages & numbers be recovered?

A: Data content (especially multimedia formats) is primarily stored on the handset or on a removable memory stick. The general rule of thumb is that any data that has been deleted can be recovered, however, if it has been over-written it does make the process more complex and the chances of success reduce with every over-write.

Q: Is possession of multiple SIM cards indicative of wrongdoing?

A: Not at all – many individuals are discovering that they can benefit greatly from the free text and talk allowances granted on mobile phone contracts by having two or more SIMs (typically with different network providers). Adapters are available to connect multiple SIMs to a handset simultaneously.

Did you know?

The SIM card will often contain a reference to the last network base station that it communicated with before being disconnected from the telecoms network.

If the SIM card has been used overseas, it is possible to retrieve a reference code from the card that will indicate which national/regional network provider was used.

Language preferences can be stored on SIM cards – useful intelligence for investigators which can open up new avenues of enquiry.

Ross Patel is a forensic computer consultant with Afentis Forensics. You can view the company profile and find an expert witness at X-Pro UK, the innovative expert witness directory.

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Forensic Expert Witness Association Presents Meritorious Service Award to Nicole Goodwin, Esq.

Tempe, AZ (PRWEB) April 30, 2014

Arizona litigation attorney Nicole Goodwin, Esq. was awarded the President’s National Meritorious Service Award by the Forensic Expert Witness Association (FEWA) on Saturday, April 26, 2014 in Tempe, AZ. FEWA is a national non-profit professional membership organization of experts who provide forensic services in all technical specialties. The award was presented by national FEWA President John Levitske during the association’s Annual Conference. Goodwin was recognized for her on-going efforts in the areas of professional development, ethics, education, and training of forensic consultants in all fields of discipline. In presenting the award, Levitske said, “Ms. Goodwin has shown extraordinary commitment to the advancement of the field, and this is the first President’s National Meritorious Service to FEWA Award which has been presented to an attorney.” Goodwin is an experienced commercial litigation attorney and shareholder with the firm of Greenberg Traurig, and she also teaches at the Arizona State University Sandra Day O’Connor College of Law.







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Expert Witness Corner: Maximising Quantum – A Physiotherapist’s Role

Traditionally, personal injury cases involve a report from an orthopaedic consultant or general practitioner to help establish the nature of the medical condition and its causation and prognosis. An experienced clinical physiotherapist can offer a complete understanding of the whole process from first injury right the way through to recovery. Armed with this knowledge, a more thorough and wide-ranging report can be provided that will accurately reflect the extent and timing of patient recovery – essential when considering issues of quantum and future care costs.

Soft tissue injuries are injuries not involving bony damage such as fractures. They are often incurred as a result of whiplash or repetitive strain and, as the name implies, only involve damage to muscles, tendons, ligaments, fascia and nerves. The damage is usually invisible on x-rays and scans and can be detected only by skilled examination. Torn muscles, ligaments, nerves and cartilages may require a surgeon’s skills. But once this primary care has been administered, the client will invariably be referred to a physiotherapist. A physiotherapist can provide specific and individually tailored treatment aimed at assisting the body’s natural healing and restoring full function.

Examples of relevant soft tissue injuries include:

•Tendonitis
•Tenosynovitis
•Muscle strains
•Lifting injuries
•Lower back pain
•Epicondylitis
•Carpal tunnel syndrome
•Whiplash injuries
•Work-related upper limb disorders.

When examining issues of quantum and future costs, it is essential that a lawyer receives the whole picture: the exact nature of the injury, detail of treatment, likelihood of full recovery, timing of recovery, and an indication of future care costs, if any. An experienced physiotherapist in clinical practice has a wealth of relevant expertise.

A clinical physiotherapist is usually involved with a patient from presentation of the injury through to the end of rehabilitation. Treatment can be broadly divided into four stages:

1: Conducting a detailed specific examination to identify the body structures damaged and any loss of function.
2: Devising a treatment programme.
3: Implementing the treatment programme.
4: Seeing the patient through to the end of rehabilitation – hopefully back to ‘normality’.

The ‘hands-on’ nature of the patient–therapist relationship, plus the inevitably regular patient contact, give physiotherapists an enormous advantage when it comes to diagnosing and treating a complex soft tissue injury. In addition, the wealth of knowledge relating to rates of recovery from the various soft tissue injuries means that when it is applied to cases requiring an evaluation of quantum and likelihood of recovery, the lawyer receives an opinion from an expert with an understanding of the whole rehabilitation process.

Client history:

Any comprehensive account of the background to an injury (particularly where it is work-related) should include information about the claimant’s regular daily activities, whether in a work environment or home situation. A physiotherapist is accustomed to observing and assessing the impact of a client’s environment on his or her injury. This is an essential consideration when seeking to restore full function.

Case Example:

Mr T had been using an improvised workstation and subsequently incurred severe soft tissue injuries. The physiotherapist identified how the postural stresses on the body had resulted in the patient’s symptoms. Excruciating pain along the spine – relieved only by lying flat – and severe pain and tenderness of the forearms were the consequence of sitting for 3 months of intensive work on a laptop.

Client Examination:

Soft tissue injuries are difficult to assess accurately, with x-rays and scans rarely providing useful evidence. Even nerve conduction tests are of little value when assessing damage to nerves subjected to excessive stress. What is required is an evaluation of any adverse mechanical tension within the nervous system which may be restricting movement.
Physiotherapists are used to palpating and testing specific structures within the body to diagnose exactly what has been damaged, i.e. whether it is a tendon, a tendon sheath, muscle, fascia, a nerve or any combination of these. A physiotherapist can help in differentiating between whether the client’s condition is constitutional and has been aggravated by work or trauma, or is caused by work or trauma.

There is a growing acknowledgement of the need for a biopsychosocial assessment when examining people, and this is the approach traditionally taken by a physiotherapist. Social history and status, mental and emotional states, as well as working situation and lifestyle, can all contribute to how the patient reacts to and copes with symptoms.

There are many standard tests that can help with the assessment of the physical condition. One such example is the straight leg raise. The test involves the patient lying comfortably relaxed on his back. The examiner places one hand under the Achilles tendon and the other above the knee. The leg is lifted perpendicular to the bed, with the hand above the knee preventing any knee bend. The leg should be lifted as a solid lever moving at a fixed point in the hip joint.

This is a simple biomechanical test that has been recognised for hundreds of years as a way of identifying lumbar spine (lower back) problems. However, it is of limited value only. When the leg is lifted in the manner described, many structures move – the hamstring muscles, the lumbar spine, the hip and sacro-iliac joints and fascia, as well as the nerves. Pathology of any of these structures may affect the client’s reaction to the test.

An experienced physiotherapist will combine such tests with detailed palpation and observation of functional movements to arrive at the all-important specific diagnosis. In addition, the patient’s posture and manner of movement will be analysed and the results added to the overall assessment.

Case example:

Mrs B was secretly videoed by an insurance company while shopping. A physiotherapist was able to identify how the client had become so used to coping with her injuries that she avoided a lot of the normal, potentially painful, actions employed by other women shopping, e.g. standing upright with arms by her side most of the time, avoiding heavy or bulky items, loading carrier bags lightly, and using both hands to carry each bag.

Expert opinion:

An experienced clinical physiotherapist possesses an unrivalled knowledge and comprehension of how the body works under normal conditions and when coping with a disability or soft tissue injury. With regular and prolonged experience of treating soft tissue injuries, a physiotherapist can offer a valuable and meaningful opinion about all aspects of treatment and recovery.

Prognosis:

An essential component of any medico-legal report is a prediction of future developments on a balance of probabilities basis. A clinical physiotherapist sees large numbers of similar injuries from first contact through to recovery, and can thus give a reasoned prognosis based on experience. This should include the likelihood and anticipated timing of resolution, the need for further treatment and any possible long-term disability.

Conclusion:

When a lawyer is trying to find an expert witness that can help with soft issue PI cases it is worth considering an experienced physiotherapist can bring a unique and valuable perspective in any personal injury case involving a soft tissue injury. Experience of patients from first injury right through to recovery gives such specialists the widest professional knowledge when it comes to assessing future treatment and costs thereof, and arming the lawyer with the necessary detail to fully assess quantum.

Rosemary Quinn is an experienced physiotherapist based in the North West of England. You can view her profile and find an expert witness at X-Pro, the innovative expert witness directory.

Construction Dispute Resolution Expert Witness Assistance

The construction of a new home or office building can be a daunting task to manage. From the beginning of the process, stress immediately sets in. The finding and selection of a contractor is not an easy task. In fact, the pre-construction part of the project can often be the most stressful part of the project.

However, if you have ever had to go through the process of having something go wrong with the project, and the subsequent legal action, then you know pre-construction stress is nothing compared to the stress of the possibility of needing construction dispute resolution.

The Legal Aspect of Contract Disputes

When you are in the legal realm of construction dispute resolution you will likely have to rely on a construction expert witness. If you are bringing legal action against the builder you will need to prove that the builder, or builders, breached their contractual obligation. In the area of construction there are often many gray areas that a homeowner or a business owner might not be fully aware of.

These gray areas typically involve things like disclosure of building practices and codes, the pulling of city or town required permits, and various kinds of hold-harmless agreements. The legalese involved in most construction contracts should signal to buyer that he or she ought to seek legal advice before entering into any agreements.

Getting an Expert for Your Case

Most people who are engaging a construction company for work are not experts in construction themselves. Therefore, when something goes wrong with the structure of the building or elements of the structure (like electrical work, mold issues, and settling issues) it is hard for the buyer to know who is legally liable. This is when a construction expert witness is helpful.

You can hire a construction expert to come in and review the contracts and workmanship. When it comes time for trial you can call this person as a construction expert witness to bolster your case against the defendant.

If something happens to your new home or office, and really even before anything happens, you should consider bringing an expert on board to help spot any issues before the situation turns into a complex, expensive, and stressful legal process that neither side wants to deal with.

Construction dispute resolution is really a stressful process unless you have the right construction expert witness.

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How To Choose A Property Expert Witness For A Valuation Report

Under the terms of Part 2 of the Landlord and Tenant Act issued in 1954, should a dispute arise over the renewal of a lease for either a commercial or business property the issue is taken into the hands of the county, and should you find yourself in this situation the aid of a property expert witness report will be invaluable to your case. The report emerges after the exchange of factual information from the two respective parties, each of which will then use the information gathered to produce a property report to argue their side of the case. Once exchanged with the rival representative on a date well in advance of the court hearing, the report will be analysed and be the central component in the court case.

The Landlord and Tenant Act of 1954 is intended to give business the additional security of tenure and under the act a tenant using property for a business of commercial act cannot merely be evicted in the procedure of providing a notice to quit or the ending of a fixed term agreement tenancy. The Act indicates quite clearly that in the case of a property owner wishing to seek the end of a tenancy that a notice must be served allowing the tenant to respond and this is where the services of an expert witness may come into play. The case will, if not resolved between the parties, result in a County Court case in which property witnesses will be called upon to produce expert reports in order to fight and defend the case of the individuals or companies being represented.

If you are involved in any case or situation with disputes regarding commercial or business property then a property expert witness will be required and this can be sourced by a wide variety of means including solicitors and chartered surveyors. In return for the fee paid, the property witness will act on your behalf to compile the expert witness report to present your case. The property expert will provided you with knowledge, expertise and a wide range of relevant experience to assist you in the disputed property case. Not only will the expert provide you with their expert property witness report but they will also attend court, as per the norm, and present the evidence gathered and issue professional witness evidence.

As in any case centring on a form of dispute with two sides being presented the witness will be cross examined and the property report will be part of this. The property expert provided, for instance, by the charted surveyor will be fully prepared, trained and experienced in such a matter and present your case in a confident and convincing manner. The service may be offered under the title of valuation expert witness or a valuation expert witness report depending on the nature of the case but both function in the same nature and with the same purpose, to assist you in a victorious case.

In this respect therefore as with all legal matters the property witness or valuation witness has a obligation and duty to the court to ensure the information provided in either the valuation report or witness report is honest, reliable and bears credibility otherwise the whole case may be placed in jeopardy but using an expert witness from a reliable company, such as a chartered surveyor, should see you avoiding such problems.

 

For help with compiling a property expert witness report or valuation expert witness report speak to Mackenzie Associates.

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